Australian Capital Territory Consolidated Acts

DRUGS OF DEPENDENCE ACT 1989 - SECT 193F

    (1)     This section applies to the making of an order under section 193D (Order for preservation of cannabis), or an order under that section as amended under section 193E (Amendment and revocation of cannabis preservation), for the preservation of seized cannabis plants or seized cannabis product (the seized cannabis ) or a part or quantity of the seized cannabis.

    (2)     The order must not affect a requirement for the preservation of—

        (a)     if the order relates to seized cannabis plants—a sample of the plants required under the seized cannabis plants protocol; or

        (b)     if the order relates to seized cannabis product—a sample of the product required under the seized cannabis product protocol.

    (3)     In deciding whether the order should require, or continue to require, the preservation of the seized cannabis to a greater extent than required by the relevant protocol, the Magistrates Court must take account of the following matters:

        (a)     the matters mentioned in any analyst's certificate in relation to the seized cannabis;

        (b)     how long the seized cannabis is likely to be kept;

        (c)     the extent (if any) to which facilities are available for the secure keeping of the seized cannabis during that period;

        (d)     the health and safety of people working in or near the place where the seized cannabis is, or will be, kept;

        (e)     the number of people (if any) charged with offences in relation to the seized cannabis;

        (f)     the likelihood that anyone else will be charged with offences in relation to the seized cannabis;

        (g)     when the hearing of any charge for an offence in relation to the seized cannabis is likely to take place;

        (h)     any other relevant matter (including, in particular, the interests of justice).